Legal Opinion · Concurrence

M.J.I. v. A.J.K.

District Court of Appeal of Florida

Decided March 9, 2011No. 2D10-2134Published

1ConcurrenceAltenbernd, Judge

I fully concur in this decision that affirms a final judgment of paternity in an action filed by the father, A.J.K. The primary issue in this ease concerns child custody. I write only to explain that my vote to deny attorney’s fees to the father is not based on the reasoning in Starkey v. Linn, 727 So.2d 386 (Fla. 5th DCA 1999), and Gilbertson v. Boggs, 743 So.2d 123 (Fla. 4th DCA 1999). Both of those cases hold that attorney’s fees cannot be awarded on appeal in a paternity action because section 742.045, Florida Statutes (2008), does not expressly authorize fees on appeal.

It is true that…

2Cases cited2 opinions

  1. Starkey v. LinnDistrict Court of Appeal of Florida · 1999
  2. Brown v. DykesDistrict Court of Appeal of Florida · 1992

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